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HomeMy WebLinkAbout02 AMENDMENT TO FIRST STREET SPECIFIC PLAN (2)Reviewed: AGENDAREPORT City Manager -- Finance Director N/A MEETING DATE: NOVEMBER 20, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH A. QI�N9SACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SPECIFIC PLAN AMEN ®v ( NI T 2012001 (ORDINANCE NO. 1414) INCLUDnvAO AMENDMENT OF THE !CITY OF TUSTIN ZONING MAP, OE'iER,L\L PLAN AMENDMENT 2012 -001 TO PROVIDE A GENERAL UPDATE TO THE FIRST STREET SPECIFIC PLAN. SUMMARY: Following significant public outreach, discussion of issues and opportunities, and exploration of potential improvements, on October 23, 2012, the Tustin ;Manning Commission adopted Resolution No. 4209 recommending that the Tustin City Council adopt Ordinance No. 1414, approving Specific Plan Amendment 2012 -001 to provide a general update of the First Street Specific Plan. Council consideration of Specific Plan Amendment 2012 -001 requires consideration of associated amendments to the Justin General Plan (General Plan Amendment 2012001) and supporting environmental documents. RECOMMENDATION: That the City Council: 1. Adopt Resolution No. 12 -104, finding that the Negative Declaration prepared for Specific Plan Amendment 2012 -001 (Ordinance No. 1414), and associated General Plan Amendment 2012 -001 is adequate; and, 2. Adopt Resolution No. 12 -103, approving General Man Amendment (GPA) 2012001, incorporating changes to the General Plan associated with Specific Plana Amendment 2012 -001 (First Street Specific Plan) and other minor updates; and, 3. Introduce and have first reading of Ordinance Rio. 1414, approving Specific Plan Amendment (SPA) 2012 -001 (First Street), including amendment of the Tustin Zoning Map. FISCAL IMPACT: Amendment of the First Street Specific Plana (Ordinance No. 1414) is a City- initiated project. There are no direct fiscal impacts anticipated as a result of adopting this ordinance. ENVIRONMENTAL ANALYSIS - DRAFT NEGATIVE DECLARATION The California Environmental Quality Act requires an analysis of a project's potential impacts prior to forma9 consideration by the appointed decision maker. Consistent a Alh C E QA, a City Council Report November 20, 2012 SPA 2012 -001, CPA 2011 2 -0011, First Street Specific Plan Page 2 Negative Declaration has been prepared in support of the proposed amendment of the First Street Specific Galan and associated amendment of the General Plan. The proposed GPA 2012 -001 and SPA 2012 -001 are considered a "project" subject to the tams of the California Environmental Quality Act ( "CEQX ). An Initial Study and findings for a proposed Negative Declaration have been ,prepared regarding this project for consideration by the Tustin City Council (Resolution No. 12 -104, attached). In compliance with the State CEQA Guidelines, A Notice of Intent to Adopt a Negative Declaration was published and the drab negative Declaration and lnitial Study were made available for a 20 -day public revie�� and comment period from September 27, 2012, through October 23, 2012. No comments viers received during this time. Resolution Rio. 12 -104 has been prepared for City Council consideration (Attachment 1) BACKGROUND AND DISCUSSION: The First Street Specific Plan (Specific Plan 10) was completed in less than four months and adopted by the Tustin City Council on December 2, 1985. The Specific Plan affects properties on both sides of First Street from Newport Avenue to State Route 55 (Costa Mesa) Freeway. The current First Street Specific Plan may be viewed at: http: / /www.tustinca.org /departments /commdev /index. html #planningZoning The First Street Specific Plan was envisioned to be a 15 -year document, and was intended to address City Council concerns at that time regarding an intrusion of residential and office uses causing an "erosion of commercial potential' for what was then considered one of the most important commercial corridors in the City. The Specific Plan also ensured that future commercial development was sensitive to adjacent residential neighborhoods, established consistent quality of development design standards but without a uniform architectural theme or style, and provided for development of office and retail uses but in site - specific locations intended to support balanced development of both uses along the corridor. Tustin has continued to expand and develop and several new commercial centers and corridors have gained prominence since 1955, including the Tustin Market Place in East Tustin and The District at Tustin Legacy. Property owners, real estate professionals, members of the Planning Commission and staff have expressed a concern that the First Street Specific Plan is outdated, but a comprehensive update was not pursued due to budget constraints. However, the Planning Commission and staff determined that there are measures and updates that should be pursued using in -house resources. Consequently, staff has prepared the subject amendment to the First Street Specific Plan, including associated Tustin Zoning Map changes and General Plan Amendment. Planning Commission and Public Workshop Input The Planning Commission held public workshops on the First Street Specific Plan on January 25 and March 22, 2011. On September 15, 2011, Community Development Department staff held a Community Workshop smith affected property owners and other interested parties. The purpose of ail three workshops was to identify and discuss First Street Specific Plan document strengths and weaknesses with the intent of identifying necessary revisions that might be needed. A significant amount of background information was provided to the Planning Commission and the public at these workshops. City Council Report November 20, 2012 SPA 2012-001, GPA 2012 -001, First Street Specific Plan ;image 3 In the months following these workshops, staff concentrated significant effort tolmard making the necessary Specific Plan text and zoning boundary modifications needed to update the document and address the ��meaknesses that NiAiere knmimn to stafff and also identified by the Oomrnission and public during the vvorkshoos. On July 24, 2012, the draft Specific Plan Amendment was transmitted to the Tustin Planning Commission. On September 25, 2012, 'the Planning Commission held an additional public �viiorkshop where staff presented the proposed amendment of the First Street Specific Plan. On October 23, 2012, the Tustin Planning Commission adopted Resolution Flo. 4202 recommending that the Tustin City Council adopt Ordinance Flo. 1414 to approve Specific plan Amendment 2012 -001; and, approve General plan Amendment 2012 -001 (Attachment 4). PROPOSED SPECIFIC PLAN AMENDMENT (SPA) 2012 -001 Specific Plan Amendment (SPA) 2012 -001 is proposed as a general update of the First Street Specific plan. This section outlines the proposed revisions that are included in SPA 2012 -001. Allow expansion of nonconforming single family residences until adaptive reuse%onversion to commercial use; and, remove large residential developments from the First Street Specific Plan, restoring them to their original residential zoning designation - Several historic single family structures exist within the westerly portion of First Street. In addition, several large apartment and condominium projects exist within the Specific Plan area. The First - - -- Street Specific Plan currently allows commercial uses only and does not permit residential uses, nor does it provide development regulations ` (setbacks, parking standards, etc.) for existing residential uses. As a result, all legally constructed residential uses within the First Street V, Specific Plan are considered nonconforming. It is the intent of the City's zoning regulations that legal nonconforming residential uses will be eventually replaced vjith conforming commercial uses sometime in the future. Reason/Findings: Singie Family Structures: Thirteen single family residential structures are located within the westerly end of the First Street Specific Man (five of which have been converted to commercial use). vy-elve of these structures are listed as hhistoric resources within the City's Cultural Resources Survey (2003). One additional residence (320 W. First Street), constructed in 1938, may be eligible for listing as historically significant but is not currently listed in the Cultural Resources Survey. The quality and condition of these structures varies from maintained to substandard. Some are visibly deteriorating. Specific Finn Amendment 2012 -001 mould permit existing nonconforming single family resiclenVai apses to be expanded using the same �ilowanccs pro✓icled for historic homes located �1within the Cultural Resources District. © Historic residences contribute to the existing small town, residential architectural built environment that currently exists along the westerly end of First Street, linking First Street to the immediately adjacent Old gown Tustin. City Council Report November 20, 2012 SPA 2012 -001, GPA 2012 -001, First Street Specific Plan Page 4 ■ Owners of a historic nonconforming residence are currently prohibited from adding an additional bedroom or bathroom which encourages adaptive commercial reuse but discourages residential pride of ownership, reinvestment, upkeep and improvement of these structures, possibly to the detriment of the First Street streetscape and the community as a whole. ■ Historic homes on small lots with little space for on -site parking makes them economically unattractive for conversion to commercial use without lot consolidation with neighboring properties. In the past, market forces have not pursued lot consolidation along First Street. ■ Reinvestment into historic homes supports the City's interest in historic preservation. Reinvestment into First Street supports the community's interest in making First Street an attractive place to live, shop and work. Multi - family residential structures. Large apartment. and condominium residential development along First Street in the 1970s and 1980s may have contributed to the City Council's 1985 adoption of the First Street Specific Plan to prevent further "erosion of the commercial potential." The adoption of the Specific Plan earmarked large residential uses for eventual replacement with commercial uses. There are no residential development regulations for residential uses in the Specific Plan area that would allow minor building improvements to these units. Specific Plan Amendment 2012 -001 removes large apartment and condominium complexes from the First Street Specific Plan and restores their original residential zoning and conforming status. Reason /Findings: ■ Since 1985, the City has developed and greatly expanded its capacity for commercial development. There is no immediate commercial market impetus to eliminate large residential complexes located along First Street. ■ Given the economic lifespan of a large apartment or condominium complex, it would appear unlikely that conversion of these properties to commercial use would occur in a reasonable timeframe. ■ Large residential uses predate many commercial uses along First Street. Instead of complaints and conflict, staff has witnessed a positive, symbiotic synergy that appears to exist between First Street residents and First Street businesses. ■ The current nonconforming status diminishes residential property values, and complicates resale, refinancing, and reconstruction (following a disaster such as a fire, etc.). City Council Report November 20, 2012 SPA 2012 -001, GPA 2012 -001, First Street Specific Plan Page 5 2. 3. Eliminate the First Street Expansion Areas - The First Street Specific Plan encouraged the expansion of the City's primary commercial corridors into the surrounding neighborhoods. The First Street Specific Plan's Expansion Areas identified commercial and residential properties (some in Old Town Tustin) where the boundaries of the First Street Specific Plan might someday expand (see gray- shaded properties in figure above). The Expansion Area has no zoning authority or regulate the properties in any manner, but predetermined their eventual absorption into the commercial district. SPA 2012 -001 ,proposes to eliminate the First Street Specific Plan "expansion areas" Reason /Findings: • Many Expansion Area properties contain historic residences that contribute to the existing small town, built environment that currently exists along the westerly end of First Street, linking First Street to the immediately adjacent Old Town Tustin. • The existence of an Expansion Area incorrectly presumes that the Planning Commission and City Council would support expansion of the First Street Specific Plan into adjoining neighborhoods. Any developer initiated proposal to rezone an Expansion Area property to First Street Specific Plan would be subject to a public hearing, with objective consideration of facts and environmental analysis, before a decision on the application's merits would be reached by the Planning Commission and City Council. Due to changes in the market, the availability of alternative Tustin retail centers, and the lack of freeway access to First Street, there is no need to encourage expansion of the First Street Specific Plan area to support large, urban commercial development. ruminate the nopscotcn zoning pattern of primary uses so that retail and ofce uses can occur anywhere in the District — Development of retail and office "primary" were respectively zoned to ensure that an adequate supply of locations would be ensured for each respective use. The approach resulted in a hop- scotch pattern of parcels (at right), where office uses were almost exclusively encouraged while adjoining lots encouraged mostly retail uses. In addition, as previously noted, the built environment and intensity of use existing along the entire length of First Street is not homogenous. City Council Report November 20, 2012 SPA 2012 -001, GPA 2012 -001, First Street Specific Plan Page 6 The westerly end of First Street has a residential built environment with a low- intensity neighborhood commercial flavor, while the easterly end of First Street is developed with much more urban commercial retail and office centers. SPA 2012 -001 proposes to standardize zoning boundaries, enab&lg listed retail service and/or office uses to be located anvwhere within the commercial district as the market dictates However, to Protect and preserve the less intensively developed westerly end of First Street (discussed above). SPA 2012 -001 would establish a Neighborhood Commercial sub- district, and a more intensive Commercial sub - district that will apply to the much more urban commercial uses and intensity of use alonq the easterly portion of First Street (shown below). Subarea 1— "Neighborhood Commercial" c Reason /Findings: Subareas 2 and 3 — °CommeroiaF • First Street property owners and prospective businesses have been discouraged by the current restrictions preventing a use (i.e. a book store) from locating to one property but encouraged on a neighboring property. • Due to changes in the market, the availability of alternative Tustin retail and office centers, and the lack of freeway access to First Street, the First Street Specific Plan should be made flexible, to support a variety of retail, service or office market demands. • Large, urban commercial uses (Kohis, Vons, etc.) would appear to be compatible with the easterly end of First Street but could be disruptive to the less intense built environment existing along the westerly end of First Street. MLY Coundl Report November 20, 2012 SPA 2012 -001, GPA 2012-001, First Street Spacifjc Plan Page 7 A mix of retail, service and office uses is the method of land use regulation utilized in every other commercial zoning district in °t the City, and viould be preferred to restricting such uses to only specific lots along First Street. 4. List auto repair as o conditionally permitted use - There are a number of auto - oriented businesses currently located along First Street. Tire stores, fast food, service stations, rnoteis, a pose office, and auto repair mechanics have operated on First Street without significant incident since before the 1985 adoption of the First Street Specific Flan. However, adoption of the First Street Specific Plan prohibited auto repair, marking them as nonconforming uses ever since. SPA 2012 -001 would allow auto repair to be re-fisted as a conditionally permitted use within the more intensive easterly "Commercial" area of First Street. Reason /Findings: • Automotive repair is a conditionally permitted use in the City's C2 Zoning District, which is a zoning district similar in intensity to the proposed "Commercial" sub- district planned for the easterly portion of the First Street Specific Plan. • In spite of the Specific Plan prohibition of auto repair, auto repair uses have been resilient and appear to Hi a market niche in Tustin For neighborhood auto services. The quaNy of property improvements appears to be a problem. However, reinvestment into an existing auto repair use is likely discouraged by its nonconforming status, which complicates purchase loans or refinancing given the possibility that the investment could be lost since a nonconforming property damaged over 50 percent may not be rebuilt. Reinvestment into First Street supports the community's interest in making First Street an attractive place to live, shop and work. Proposals for new auto repair businesses would be considered at a noticed public hearing where citizens could express support or opposition. When approved, auto repair uses could be conditioned to ensure compatibility with the surrounding neighborhood and to require site improvements such as landscaping. 5. Update Parking, Development and Use Regulations — As noted previously, the First Street Specific Plan was intended as a 15 year document that is nearly 27 years old and in need of updating. SPA 2012 -001 proposes a comprehensive vpdato of the plan's outdated perking regulations and graphics. Reasons/Findings: ® The current First Street Specific Plan parking, development and land use regulations may act as a disincentive to locating a new business or retaining an existing business within the First Street Specific Plan and should be updated. For example, the First Street Specific Plan currently requires a restaurant (serving no alcohol) to obtain a Conditional Use Permit before locating on First My Council Peporii November 20, 2012 SPA 2012 -001, GPA 2012 -001, First Street Specific Plan Page 8 L•� Street. No other Commercial District in the City has such a stringent recldrement. © Since 1985, the City has adopted numerous updates to its zoning regulations, parking requirements and other standards that either do not apply to or are not currently reflected in the First Street Specific Plan. As such, the First Street Specific Plan is significantly out of date and should be updated. Revise First Street Specific Plan boundarieso include or exclude entire properties — when the First Street Specific Plan district boundaries were established in 1985, they did not always follow existing property lines but in some cases divided existing properties and structures into two different zoning districts. Before the adoption of the First Street Specific Man, the Planned Development residential use depicted at right extended all the way to First Street (the area depicted with a red border). The residential condominiums located within the northerly portion of the development were rezoned First Street Specific Plan (commercial) while the southerly portion remained residentially zoned. In addition, the Tustin Post Office (currently #j9uthin three different zoning districts) is proposed to be zoned Public and Institutional (PI), in a manner consistent with the current land use and zoning of several nearby public uses such as the Tustin Unified School District administrative offices, City Hall, etc. SPA 2012 -001 revises First Street Specific Plan Planning Area and Zoning Map boundaries to eliminate the division of properties between two zoning districts. Specific Plan goals and vision statements have also been revised to reflect the proposed changes. Also proposed Tustin Zoning Map changes are proposed as depicted on the preceding pages. Reason /Findings Division of any property between two zoning districts causes significant and unnecessary confusion to owners, real estate professionals, lenders, and others. • The current nonconforming status of these properties diminishes property values, and complicates resale, refinancing, and reconstruction (following a disaster such as a fire, etc.). It is good public policy for zoning districts to be discernable, transparent, and requiring no interpretation or discretion by any official or body. City Council Report November 20, 2012 SPA 2012 -001, GPA 2012 -001, Forst Street Specific P0an P2ge 9 v E 0 V c C c� .p a E E o E K "w U q u V g4 `� U r w 0O 7 C C 1.1 V a ns ti n_ n " I N U 1 I v ti a U ii � S � b Q C N E Ln a E w P fro _ U C -t w .a I Y v o i7 ro h c I I vcL u a c of v LJ�iLJD[]C1 v a v b .V C Q v d milli , TT� CL .0 W Q T C , W -J ( 1 C A0 N City coon of Report November 20, 2012 SPA 2012-001, GFA 2011 2 -001, First &reei Specific Plan Page 10 .0 v E E C V , c u •- w c ';3 o E "c S v E 0 ° E E vQi a v E �Eo u c a o U° ® u -0 Qj , t7 ti w vi E u y a C m C C C -a V rN I U U U a. 6- c- c Lon- [I �0onn C ti 4E Gi V1 . ai �o ai E LL 5 > E .E E N o O LT U° w v N a rn Ln U a ce c u ®,_,0000 Q CM G City Council Report November 20, 2012 SPA 2012 -001, GPA 2012 -001, First Street Specific Plan Page 11 C. E6iminaie references to Vii, Cowmjmz n _ Redevelopment Agency = The eastern portion of the area from "lam" Street and L Prospect Avenue to Newport avenue vms � � located in the TmAin Center Redevelopment WMEET Project Area (see yellow are ituin map at f ®� � right). Through the Legislatures adoption of Assembly Qol9 No. 26 (AB XI 26), all I� California redevelopment agencies have D I been dissolved. SRA 2012 -001 includes revisions to formally eliminate or revise all references within the First Street Specific Plan to the Tustin Community Redevelopment Agency and Redevelopment Proiect Area. E-1? Eliminate the First Street Specific Plans two -tier system of supporting primary uses and discouraging secondary uses - The First Street Specific Plan regulates land use using a two- tiered system intended to encourage either retail or office uses. The preferred land use is prioritized as the "Primary" use. The First Street Specific Plan incentivizes Primary uses by making them the easiest to get approved by the City (i.e. expedited plan processing, relaxation of certain zoning regulations to encourage mixed commercial use development, etc.). "Secondarj" uses are acceptable, but the property owner must proceed through a more difficult, slower project review process (i.e., the Specific Plan requires the referral of all design approvals for Secondary uses to the (Planning Commission). Specific Plan Table 1 (at right) identifies the specific types of uses that at the time of original adoption (1 985) the City believed was desirable within each block's "Planning Unit" designation. Specific Plan Amendment 2012 -001 eliminates the current two -tier system and would establish a single list of permitted and conditionally permitted uses that is identical to the system currently utilized for other commercial districts in the Tustin Zoning Code. Reasons /Findings: • First Street property owners and prospective businesses have historically been discouraged by the current restrictions from locating within the First Street Specific Plan. New businesses to First Street should not be penalized by being required to go through a longer administrative City process. For example, the First Street Specific Plan currently requires a proposed florist or bookstore (listed as secondary retail uses) to go through a longer process to locate along First Street. City Council Report November 20, 2012 SPA 2012 -001, GPA 2012 -001, First Street Specific Plan Page 12 • The First Street Specific Plan should be made flexible, to attract and support a variety of retail, service or office market interest. No other commercial district in the City utilizes this kind of two -tier system. It is good public policy for the permitted and conditionally permitted uses listed within the Specific Plan to be understandable to all. • The current two -tier system confuses and discourages economic investment and development within First Street, reflects negatively upon the City, and creates confusion between property owners and tenants. 9. Update First Street Specific Plan Design Guidelines — The 1985 First Street Specific Plan included Design Guidelines which are significantly outdated. Specific Plan Amendment 2012 -001 includes an updated Design Guidelines document that recommends the introduction of public art, use of water conservation etc. Note: A red -lined version of Specific Plan Amendment is provided as Attachment 3. The "clean" (with all corrections accepted) Specific Plan Amendment and revised Design Guidelines document are attached to Ordinance No. 1414 (Attachment 5). PROPOSED GENERAL PLAN AMENDMENT (GPA) 2012 -001 General Plan Amendment 2012 -001 was prepared in support of the proposed amendment of the First Street Specific Plan (proposed changes and a proposed final General Plan Map are provided on the following pages). It involves minor amendments to the text and map updates to the Tustin General Plan that are consistent with amendments to the First Street Specific Plan (Specific Plan Amendment (SPA) 2012 -001). For example, the General Plan must be consistent with any proposed amendment of a property's zoning designation (e.g. from commercial to residential). Proposed General Plan Amendment 2012 -001 would also incorporate minor text amendments requested by the Orange County Airport Land Use Commission, reflect the City's current sphere of influence as approved by the Orange County Local Agency Formation Commission and introduce a digital General Plan Land Use Map which presents existing general plan designations in an updated format. The City may amend the General Plan up to four (4) times a calendar year. To date, the City has amended the General Plan one previous time. Resolution No. 12 -103 has been prepared for City Council's consideration of this matter (Attachment 2). CONCLUSION Following completion of the proposed amendment of the First Street Specific Plan, staff anticipates moving forward with addressing longer term needs associated with the First Street Specific Plan, including but not limited to: 1) revising the streetscape design (including traffic, landscape, hardscape (street furniture, wishing wells, etc.); 2) revising the permitted /conditionally permitted list of uses to include mixed -use (residential /commercial); 3) enhancing the Old Town Commercial District where it intersects with First Street; 4) enhancing the list of potential incentives that might encourage development in Old Town; 5) exploring street parking options that may be available to First Street ranging from restriping /reconfiguring the right -of -way to add more street parking or possibly eliminating street parking in certain locations. Cody Council Report November 20, 2012 SPA 2012 -001, GPA 2012 -001, First Street Specific Plan Page 14 v C M U E O v B � E E c U U h C O L u 4 � U OCL a 'm Y a � E 0 E D u r ) r EE ° w E ° O i � 4 � b V uui v g j O 2 Z 2 Un C/� M CL �=V` �yy C ` (� W �Fq»if 7� W ryV \J k �+J • 6 C N Q .c N 0- 0 City Council Report November 20, 2012 SPA 2012001, GPA 2012 -001, First Street Specific Plan 'age 15 Staff believes that the longer term 'vkjorl� effort invoive extensive public outreach and vkjoTkshops that could consider streetscape and place- mal�dng enhancements to the original governing policies that would update, enhance and strengthen the uniqueness of First Street's sense of place. Staff will be continuing this a fort for future consideration by the Hanining Commission and City Council. Dana L. Ogdon, AICP Assistant Director Scott Reekstin, Senior Planner V-h.' E"r Joe Pearson II, Planning Intern Attachment 1: Resolution No. 12 -104 izabeth A. binsack Director of Community Development Amy St6nicK, AICP Senior Planner Exhibit 1: Negative Declaration Exhibit 2: Initial Stud; and findings for a proposed Negative Declaration Attachment 2: Resolution No. 12 -103 approving General Plan Amendment 2012 -001, incorporating General Plan changes associated 1ftjith SPA 2012 -001 with other minor updates. Attachment 3: Red -lined version of proposed Specific Plan Amendments. Attachment 4: Planning Commission Resolution No. 4209 and Minutes of October 23, 3012. Attachment 5: Ordinance No. 1414, approving Specific Plan Amendment (SPA) 2012 -001, including amendment of the Tustin Zoning ? lap.